Legal Question in Real Estate Law in California

Is it unsanitary or bad to have childrens toys in the backyard and bikes infront of the house? neigbors have been complaining but it is where i live and they should have no comment about it. Can they go to a higher authority and can i get in trouble for having those things infront and in my backyard?


Asked on 11/03/09, 6:10 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

It sound like your neighbors need to get a life. While keeping their toys inside will reduce the amount of dirt on them, unless having them in the backyard is so ugly looking as to be deemed a public nuisance [which is a judgment decision], then how you keep your backyard is largley up to you. Since the front yard is smore visible to the public, it does have to be neater than the backyard. Have your children put their bikes in an orderly fashion, because it is good to teach children to be neat. Find out what the exact complaints are of the neighbors beause it is easier to compromise than fight them, and then come up with a written plan as to what you will attempt to do; if they then complain and what you are doing is within the agreement, you can point out to them that they have waived the right to complain as to conduct within the agreement.

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Answered on 11/08/09, 9:36 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd say no, at least generally or usually........having children's toys in your back yard and bikes in the front yard are normal and acceptedand lawful in most neighborhoods. There may be some rare exceptions, maybe in 55+ communities or places where people are exceptionally stodgyor neat, where there might be CC&Rs;or rules about clutter outdoors. Sounds like a dispute between neighbors that probably has little to do with laws. It is always possible for a neighbor to sue onsome kind of "private nuisance" theory, but unless there are unusual rules in your neighborhood, or your yard is messy to an extreme, you should be able to win a nuisance suit based on ordinary family use of their backyard simply not meeting the test of a nuisance.

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Answered on 11/08/09, 9:42 pm


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